I was married in 2010 with a guy who is younger than me. Before that I had already a long time live-in partner but I broke up with him. My younger boyfriend and I feared that he will run after me so we got married in an untimely manner. But when my previous live-in partner came back in 2011, he did everything to win me back, by that time my husband was already working abroad. My previous live-in partner showed to me that he was really regretful and will do everything to make me happy. He swallowed his pride and still accepted me even if I’m already married to someone else. I decided to reunite with him and broke up with my husband through texts and Internet. I chose him because I still really love him and I was just blinded by my hatred before.
Now, we are living together and my ex-husband has another girlfriend already. We agreed to file an annulment. I’m confused on what could be our valid ground for our annulment. Are we going to pay any charges if we got annulled?
Your advice is highly appreciated. Thank you so much.
The Family Code of the Philippines defines marriage as follows:
“Art. 1. Marriage is a special contract of permanent union between a man a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code.”
According to the above provision, marriage is not just an ordinary contract; it is a special bond between a man and a woman, permanent in nature, which is strictly governed by law in all aspects. Anything that has to do with marriage is governed by law, except the property relation of the parties which may be fixed prior to the marriage. This includes the grounds for annulment or declaration of nullity of marriage.
However, your desire to have your marriage annulled or declared null and void because you fell out of love or you realized that you no longer have any affection for your husband is not a valid ground. Likewise, having an extramarital affair will not render your marriage null and void nor will this give rise to a ground for annulment of marriage. However, these could be manifestations of psychological incapacity of either or both of you and your husband. If psychological incapacity is proved, the court shall declare your marriage null and void (Article 36, Family Code).
Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.
We hope that we were able to enlighten you on the matter.